proceedings have to be considered including remission or premature release, as the case may be, in terms of policy which is applicable in State where crime was committed and not State where trial stands transferred and concluded

Criminal Procedure Code, 1973-Ss. 432(7), 433 and 433-A and S. 406 - Application for grant of premature release - Appropriate Government of that place/State where crime was committed, and not the place/State where trial was conducted is determinative of the matter. In instant case, crime was committed in State of Gujarat, but case pending before trial court there was transferred by Supreme Court to competent court in State of Maharashtra for trial and disposal. It was held that once crime was committed in State of Gujarat, after trial had been concluded and judgment of conviction came to be passed, all further proceedings have to be considered including remission or premature release, as the case may be, in terms of policy which is applicable in State of Gujarat where crime was committed and not State where trial stands transferred and concluded for exceptional reasons under orders of Supreme Court. Hence, respondents are directed to consider application of petitioner for premature release in terms of Gujarat State policy which was applicable on date of conviction. 

Case Law:

Radheshyam Bhagwandas Shah alias Lala Vakil v. State of Gujarat and another, 

Citation:

(2022) 8 SCC 552